MODINBI Vs. KALAL KHATIK SAMAJ SEVA SANGHA

JUDGEMENT

(1.) THE appellants herein aggrieved by the order dated 27-11-2000 passed by the learned single judge in writ petition No. 25196 of 1999 have preferred this appeal.

(2.) THE said writ petition came up for consideration before the learned single judge on 27-11-2000. The writ petition was allowed and the impugned cancellation of notification dated 3-7-1998 under Section 48 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the act") and published in Karnataka gazette, dated 25th March, 1999, denotifying an extent of 32 guntas in sy. No. 46/c was quashed. The appellants, who were respondents 5 to 10 in the writ petition, are before this court.

(3.) THE third respondent issued the preliminary notification dated 22nd May, 1986 under Section 4 (1) of the Act, at the instance of the first respondent for the purpose of burial ground, which was followed by the final notification dated 11-7-1987 issued under Section 6 (1) of the act. It is stated by the appellants that though the extent of sy. No. 46/c is 1 acre 16 guntas, 23 guntas were separately acquired for n. h. 4 and only 32 guntas were available. The final notification was issued in regard to 32 guntas and the award was passed to that extent only as early as on 29th September, 1987. Thereafter, the possession of the said land was taken on 9-10-1988 and handed over to the first respondent-society. Later necessary changes were made in the village records as per mutation entry No. 1834. The entire acquisition proceedings were completed strictly as per the relevant Provisions of the act.